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Medical Malpractice Information

February 10, 2006

Juror in a Malpractice Case

Would You Allow A Trial Judge To Sit As A Juror On Your Malpractice Case?
By Gerry Oginski

As a plaintiff's attorney representing injured victims, the answer is no.

Why then did a female trial lawyer in Mineola, Long Island agree to accept a trial judge onto her jury panel in a medical malpractice case?

According to the New York Law Journal, this female lawyer was quoted as saying "I selected this judge because I figured he'd be able to explain the defense's shenanigans to the other jurors."

The defense attorney however was quoted as saying, "I have a different point of view. I like intelligent and smart jurors. That's why I chose this particular judge."

Interestingly, the day after this article appeared in the New York Law Journal, I was participating in a continuing legal education program, judging a national law student mock trial competition. The judge assigned to our courtroom was the one who sat on the recent malpractice case that resulted in...(can you guess?), a defense verdict.

I learned that this judge was a conservative republican judge assigned to a criminal trial part. My only thought was, "What was the plaintiff's attorney thinking?"

Now- that doesn't mean that even if this person was not on that jury, and someone else was, that the outcome of that malpractice case would be different. But the purpose of selecting a jury is to try and select the best possible jury for your client's case. In my opinion, putting a republican judge on a jury in a malpractice case against a doctor and a hospital, in a conservative county is not a good choice.

In New York, lawyers, doctors, judges and other professionals must serve jury duty.

That doesn't mean, of course, that they must serve as a juror on your case. Find out more information about your prospective juror. Ask yourself, "Is this really the person I want judging my client's case?"

Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

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February 9, 2006

Small Medical Malpractice Case

Why Won't You Take My Small Medical Malpractice Case?
By Gerry Oginski

1. Brenda D'Client comes into my office with many problems.

"My doctor did my plastic surgery wrong. I can see my scar. See, look close, it's a line right below my belly. He promised me I wouldn't have any scars."

"I was given the wrong medication by the pharmacy and I have bruising all over my body."

"I had a terrible reaction to the anesthesia and now have to get follow-up treatment including a blood patch, and medications."

2. Each of these scenarios represent someone who strongly believes that they have been wronged by a doctor, pharmacy or hospital.

Unfortunately for each of them, they don't have all of the required elements needed to bring a successful malpractice case in New York.

In a malpractice action, I have to prove not only that there was wrondoing, but the wrongdoing has to have caused injury, and the injury has to have been significant and/or permanent. If any one of those aspects are missing, there's no case. Oh yes, all of those three elements must be confirmed by a medical expert, before I can go ahead and start a lawsuit for you in the State of New York.

3. So, why are these cases too small for most New York Medical Malpractice attorneys?

In the first scenario, Brenda's injuries are minimal. It becomes financially impossible to bring a lawsuit for someone where the injuries are so small as to be virtually unoticeable to the average person.

In the second scenario, Brenda appears to have been injured by the pharmacy's dispensing the wrong medicine. But in this case, the damages are limited, and Brenda is expected to make a full recovery shortly. Again, it becomes financially impossible to bring a malpractice/negligence lawsuit where the injuries are temporary (such as bruising).

In the third scenario, Brenda experienced a well-known side effect of anesthesia. For her, there's no malpractice here. There was no way to prevent this condition from occurring, and no alternatives to the procedure she had. Unfortunately, she had a bad outcome to a procedure, without any evidence of wrongdoing. Again, it becomes impossible to accept such a case to prosecute.

Conclusion

Since a New York medical malpractice attorney takes a case on contingency (this means that he only gets paid if he is successful in obtaining money for you), he must lay out a considerable amount of money to prosecute your case.

Not only does he have to make sure you have a valid and meritorious case, but has to determine whether your injuries rise to the level where you will receive sufficient money after all of his expenses and legal fee are taken out. What good does it do you, if most of the money is used for expenses and legal fees and you are left with a small amount of money?

It is for this reason that most New York Medical Malpractice lawyers can only accept cases that have a certain value.



Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

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February 8, 2006

Medical Negligence Claim

Medical Negligence Claim - Has Your Well-Being Been Affected?
By Mumtaz Shah

Historically, courts in England and Wales have been very reluctant to find in favour of a plaintiff in any medical negligence claim brought against hospitals or local authorities.

Thus, in order to determine whether or not you have a claim for medical negligence, it is essential that you seek the advice of a medical negligence solicitor as soon as you possibly can after the event that transpired that led you to believe that you were entitled to injury compensation.

Overview - Establishing A 'Duty Of Care'

The crux to any medical negligence claim you make, whether such be against the doctor who operated on you, the hospital where you had the treatment, or the local authority under whose control the hospital comes under (or the NHS directly itself), is being able to prove that you were owed, what is known in legal jargon as, a 'duty of care'.

In this regard, clinical negligence will arise if you were owed such a duty of care and you were not treated with a reasonable degree of skill that would otherwise be expected from a skilled medical practitioner.

As such, if your doctor treated you in such a way that it could be considered careless, or lacked the training required, or if they disregarded the normal rules associated with treating your problem, then you may have grounds for a medical negligence claim.

Keep in mind, however, that previously the courts have said that even in situations where doctors have been 'on-call' for 24 and 36 hours, or more, and mistakes were made due to fatigue in service, a medical negligence claim may not get intimidated - so, it is imperative that you have a medical negligence solicitor representing you and protecting your interests from the outset if you want to stand any chance of winning your medical negligence case.

The 'Standard Of Care'

You would have thought that being a doctor was sufficient to assume that they should know what they're doing and have reasonably foreseen if they did cock-up, as it would result in a clinical negligence claim.

It is unfortunate in the UK, in any accident claim that involves doctors or medical practitioners, things can get nasty. For them it's wasted years of education if they get banned.

The medical profession is a close community and in most cases they will not admit that someone within their profession was negligent unless the actions of that person could be considered grossly negligent. For this reason you'll need a good and experience solicitor in medical negligent claims.

Prescription Period

If you believe that you have a cause to sue for medical negligence compensation, then you are required to start your claim proceedings within three (3) years from the event that caused the accident injury.

If you are entitled to claim, one of the few exemptions to this rule is medical incapacity. Otherwise, if you do not start your injury claim process before this time, you will forfeit your right to claim for compensation. As such, if a med neg situation does arise, see a specialised solicitor as soon as you can.

Cannot Afford To See A Solicitor

If you believe that you cannot afford to seek the advice of a medical negligence solicitor following what you believe is clinical negligence, don't worry - you can find solicitors these days who are willing to listen to your story and submit a claim on your behalf based on a 'no win no fee' basis.

Fortunately, in some cases no win no fee solicitors don't even take a consultation fee from you. You can make arrangements with your solicitor who will submit a claim for their fees at the conclusion of your case against the insurance company of your opponent (after you win).

So, if you believe you have a claim for medical negligence, don't be put off seeing a solicitor until tomorrow, go and see a no win no fee specialist in medical negligence today.

It's easy to proceed with a medical negligence claim and gain maximum results without the hassle, costs and confusion. Discover the 12 revolutions of medical claims at http://www.100Percent-Compensation.co.uk/articles/medical-negligence.html

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February 7, 2006

Malpractice Lawyer Tips

5 Secret Tips a Good Malpractice Lawyer Uses To Screen Your Case
By Gerry Oginski

When an injured victim calls a lawyer, a good malpractice lawyer can tell in a few minutes whether there's a potential case. Here's 5 tips to clue you in to what they look for.

Most folks are unsure where to begin when calling a lawyer's office. They want to know if they have a case, but don't know what the lawyer needs to hear. Most want to come into the office to talk. Others want advice over the phone. A good medical malpractice lawyer looks for these 5 things:

(1) An ability to tell the lawyer what happened.

If the victim can't talk or has little memory of the events, then the lawyer needs to speak to a family member who might have more information.

It's ok if the victim can't recall what happened. The lawyer can usually put the pieces of the puzzle together with medical records and other witnesses. However, if the injured victim can talk but can't articulate why they think something was done wrong, proving a case becomes much more difficult.

Also, if the victim can't describe what injuries they suffered as a result of the wrondoing, it becomes impossible to prove a successful case.

(2) An ability to listen.

Your malpractice lawyer needs to know specific information. He will ask you a series of questions that establish basic information such as "How old are you," "What do you do for a living," "What do you think the doctor did wrong," "What permanent injuries do you have from the wrongdoing," "Has any doctor criticized the care you received from your other doctors?"

There are some potential clients who keep talking and simply don't want to hear what I have to say. For those people, I know at the outset that dealing with them will be difficult.

(3) An ability to ask questions.

Most people who call a lawyer for help have never been in that situation before. That's why they're calling for help. It's natural for a victim to have questions about the legal system, legal fees, how lawsuits work, and what their chances for winning their case are. The more inquisitive they are, the better informed they'll be.

(4) The potential client who continually asks "What's my case worth?" is usually the type of person who will live for their case, as opposed to living their life. What do I mean?

There are people who live their lives and try to restore their dignity by going back to work, or improving their lives despite their disability. There are others who want to milk the system, and are content to sit home and watch TV until their lawsuit is finished.

From a lawyer's perspective, a person who makes every effort to overcome their disability tends to generate much more sympathy than someone waiting for their ticket to be punched.

(5) Is the injured victim shopping around for a lawyer?

There are some folks who jump from one lawyer to another looking for a better deal, a better lawyer, a lawyer who tells them only what they want to hear, or a lawyer who doesn't know about their other cases.

I can usually tell within minutes whether this is the case. That's ok if it is, I just want to know about it up front. A client's honesty is paramount to keeping a good working relationship. If the client isn't honest about the facts of the case, or they're hiding something from me, we'll usually find out about the inconsistency during our investigation.

If we don't, I guarantee the defense will find out about it during the lawsuit and it will definitely hurt your case.

Conclusion: Finding a good malpractice lawyer is easier if you've done your research and know what to look for in a good lawyer. Ask your potential lawyer if they have free reports and information on their web site that informs them how lawsuits work before they ever walk into a lawyer's office.

When you make that call to a malpractice lawyer, keep in mind these 5 tips, and you'll have a much smoother experience than you might otherwise have had.



Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

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February 6, 2006

Valid Medical Malpractice Case

Top 5 Ways To Prove You Have a Valid Malpractice Case
By Gerry Oginski

First, remember that not every injury or complication means there's been malpractice. Just because you get a bad outcome, doesn't necessarily mean there's been malpractice.

Second, try to determine what the doctor did wrong. If you're not sure, ask your current doctor what was done wrong. Many times, an injured victim will learn from another doctor that their prior treatment was improper. Then again, not all doctors will be happy to point a finger at another colleague.

Third, look to see what injuries you suffered from the doctor's wrongdoing. Often times the injuries are not directly related to the malpractice. In a medical malpractice case in New York, we must prove that the doctor's wrongdoing was a substantial factor in causing your injuries. If your injuries are unrelated to the wrongdoing, you won't be able to prove a successful case.

Fourth, look to see how your injuries have disabled your daily life. If they're minimal, you're going to have a tough time finding a good medical malpractice attorney to take your case.

Fifth, look to see whether you've followed your doctor's advice and have made efforts to get the medical help you need to improve your condition. Many times an injured patient refuses to follow a doctor's advice, or fails to mitigate their injuries by getting corrective surgery or treatment. If you fall into this category, your chances for obtaining the maximum value for your injuries will drop significantly.

Veteran New York malpractice attorney Gerry Oginski says, "When looking for an attorney to evaluate your malpractice case, look for experience, and an ability to communicate well with you. Does he (or she) answer all your questions and treat you as if you're the only client in the world? Does he provide you with free information and free reports about medical malpractice and lawsuits before you ever walk into his office? Remember, there are many lawyers out there. Learn how to choose a lawyer before you ever enter a lawyer's office, and then choose wisely. Doing so will make you a better informed consumer."

Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

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February 5, 2006

Tips To Keep You From Being an Emergency Room Malpractice Victim

5 Holiday Tips To Keep You From Being an Emergency Room Malpractice Victim
By Gerry Oginski

The holidays are notorious for over indulging on food, overexertion while shoveling snow, and high levels of stress. Unfortunately, this puts many people in the emergency room needing immediate medical care.

What happens in the emergency room when the hospital is understaffed because the doctors and staff are on vacation and they're short-staffed? Your care may suffer.

Here are 5 important tips to help you through the holidays if you wind up in the emergency room:

1. Make sure you are seen by an attending emergency room doctor. An attending is a doctor who has completed all of his postgraduate training, and is now working for the hospital. Most emergency rooms are staffed by doctors-in-training, called residents, and are supposed to be supervised by a senior physician. If you are seen by the resident doctor, you should ask to also be personally evaluated by the attending physician.

2. If you are able, ask lots of questions. "Why do I need this test," "What is the purpose of this medication," "Are there any alternatives to treat me, other than what you are recommending?" "What will happen if I choose not to have the treatment?" Do not accept what is given to you blindly.

3. If you have x-rays, an MRI scan or a CAT scan, ask whether the attending radiologist has read the films. Do not rely on the radiology resident in the emergency room to read the films. "Oh, but the attending isn't in now, he reads it the next day." No good. If the attending radiologist isn't available, ask the emergency room doctor to read the films himself.

4. If you are given medication, either in pill form or by intravenous line, you must ask if there's the potential for an allergic reaction. Allergic reactions can kill you. You must ask.

5. If you are allergic to any medication, make sure the emergency room staff notes it on your chart, and make sure you are given an 'allergy bracelet' to let everyone know about your allergies. In practically every hospital, allergy bracelets are available to warn hospital staff about a patient's allergies. Don't rely on a note in your chart to inform the doctors and hospital staff about your allergy.

Veteran New York malpractice lawyer Gerry Oginski says "Keeping these tips in mind while in the emergency room will minimize your risk of being a medical malpractice victim during this holiday season."

Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

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February 4, 2006

Tips for Avoiding Medical Malpractice

Tips for Avoiding Malpractice
By Stephen Kreutzer

Malpractice has been in the news lately because of the rising costs in malpractice insurance for doctors. Some doctors have even had to close their practices due to this issue. For doctors trying to make it without running into malpractice problems it can be frustrating. However, there are some methods that can help to prevent malpractice problems.

Many doctors follow a process called SOAP. This process outlines simple steps to ensure the patient is fully aware of their situation and that the doctor covers all points necessary. There are some additions to the SOAP procedure that can help to further give the doctor and patient some security. The following list explains some simple steps a doctor can take to make the patient feel more comfortable and reduce the chance of a malpractice suit.

  • Include the patient in all decision making. Doctors need to fully explain all options, outcomes and risks to patients.
  • Keep clear and complete documentation. Many times documentation is a key element to malpractice suits. Keeping clear and complete documentation may help to save a doctor when in court.
  • Double check important information. This is especially true when the patients condition is unclear. Checking and re-checking things like vital signs and keeping them documented will help the doctor treat the patient better.
  • Protect everyone during a sensitive exam. Always have an assistant present when conducting a breast or genital exam. Have the assistant note in the documentation that he or she was present during the whole exam.
  • Clearly state opinions from facts. Patients should always understand the difference between facts and opinions when making statements about diagnosis, etc.
  • Make sure patients clearly understand about medications. Patients should know when and how to take medications prescribed as well as the name of the medication. This helps avoid many problems.
  • Spend time with patients. Do not rush through exams and be ready to answer any question the patient may have.

These suggestions are just some of the ways to help avoid malpractice or if malpractice occurs to help get through the following matters. Malpractice is not good for anyone. Doctors pay and patients pay due to malpractice suits. Avoiding malpractice is in everyone's best interest. Taking every possible step to ensure patients get the best medical care and feel comfortable is the best way to avoid malpractice problems.

About the author: Stephen Kreutzer is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides medical malpractice information on All Your Topics!

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February 3, 2006

Dental Negligence Solictor (UK)

Dental Negligence - Stupid Decisions Under The White Light
By Mumtaz Shah

Whether it's down to the decaying services being provided by the UK's National Health Service (NHS) or because more of us are aware of the benefits of dental surgery, what is indisputable is that there are more compensation cases for dental negligence than at any other time in our history.

So, if you have been on the wrong end of a particularly nasty piece of dental surgery recently, how would you go about making a dental negligence claim?

Dental Negligence Solicitor

Even though some experts will tell you that the standard for establishing a claim of negligence involving dental surgery is easier than in other areas of medical negligence. There are less things that can go wrong in dental surgery than in hospital surgery, this is still a very technical area of personal injury law.

As such, top of your list of priorities following the dental procedure in question should be a visit to see a dental negligence solicitor. The solicitor should then tell you whether or not you have a personal injury claim to make against the dentist who did the botch!

In the event that you cannot afford a compensation solicitor, don't worry too much about this as most dental negligence solicitors these days are more than willing to agree to work for you on a no win no fee basis.

Basically, under a no win no fee structure, you will not be liable for the cost of retaining your solicitor because, should you lose, he has agreed not to be paid, and should you win, he'll be paid by your opponent.

Establishing Who To Sue

At your preliminary meeting with your dental negligence solicitor you'll need to determine who you are going to sue. As, in the UK, we have a dual system of dental care, between the private sector and the public sector, with many dentists practicing in both. Before you can submit your dental negligence claim you need to establish whether you saw the dentist in the capacity of a patient under the NHS system, or as a private patient of the dentist.

In the event that you saw the dentist as a private patient, then in all likelihood you will not be suing the dentist for compensation, but rather the dentist's insurance company! On the other hand, if you were visiting the dentist as a patient under the NHS system, then, again, you would not be suing the dentist for negligent compensation, but the NHS itself.

Standard Of Care

Generally the accepted reasoning is that dentistry is a 'tried-and-tested' profession where things can only go wrong if the practitioner has made a mistake. Nonetheless, as with all personal injury claims in the UK, you will need to establish that the dentist owed you a duty of care and was not diligent in undertaking his duties.

In this regard, so far as dental negligence is concerned, any dental negligence claim will need to show that the dentist did not exercise the professional standards set by the British Dental Association and/or the Dental Practice Board.

It's Your Right � Claim It!

You may feel that a claim for dental negligence compensation is a little trite - after all, it's not the end of the world! However, keep in mind two factors:

  • even if it is the case that the dentist pulled the wrong tooth or gave you a filling you didn't need, if you are an adult that tooth will never grow back and it has gone forever!
  • dental negligence does not only cover the simple pulling of teeth, it also includes complex procedures such as root-canals and gum treatment. These procedures can not only be extremely expensive, but also extremely painful.

Beside that, if you do not retain a dental negligence solicitor and take action against a negligent dentist for dental negligence compensation, then the next person to sit in the same dentist's chair may have the same experience as the one you just had!

It's easy to proceed with a dental negligence claim and gain maximum results without the hassle, costs and confusion. Discover the 12 revolutions of dental claims at http://www.100percent-compensation.co.uk/articles/dental-negligence.html.

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February 2, 2006

Malpractice - In Sweden

Malpractice - In Sweden
By Michael Russell

Malpractice. That is a really bad thing for the person having to live with the result of if. Denis is a victim of this and is suffering for life. The following took place in Sweden and that makes it even worse, since they don�t have any compensation to speak of. It�s no more than pocket money, no matter how badly the malpractice hits you.

It started back in 1988. The family were farmers with a rather big farm. Denis had never been sick like that before so it came right out of the blue. One morning he couldn't get out of bed, his back was the problem. Once they finally got him up, he could barely walk and move. They got him to the doctor in the nearby village. The diagnosis was Ischias Lumbago. No question about that. The doctor was very clear on that. At the time they had 19 horses to take care of and their 7 children were between 1 and 15 years old. With Denis totally knocked out from pain, the children and my associate lasted a year. It was a tough year, believe me, and it was with great pain that they decided to sell and move to a smaller farm, but it had to be done.

Denis didn't get any better. It didn't help a bit that the doctor kept telling them that he would. After moving, in November 1989, he got a new doctor in the nearby little town. Since his records were sent to that doctor, the same happened again. It was Ischias and no need to look any further. The fact that he kept getting worse didn't change that. He just got new painkillers all the time instead and was sent to different physical training. He ended up using walking sticks to be able to walk but even that didn�t get the doctors to feel they needed to look for another reason behind all the pain. Denis' own doctor tried several times during this time to get the experts in the nearby big hospital to give him a full scan since at least he felt this was not right. Ischias is very painful but it is supposed to come and go, not give the person suffering from it constant pain 24/7/365.

Nothing happened. They just kept sending letters between them about how they treated Denis. New pills, stronger and stronger until he was a wreck.

On top of everything, Sweden was in big financial problems in the early 90's and so was Denis' family, and in 1992 they lost it all, the farm, their horses, everything. They were forced to move to an apartment in the nearby town. It was like ending up on the moon. Not easy for a farmer's family to adjust to that new life, living on the Swedish welfare with 7 children and still with a very, very sick man. Have you ever lived for a long time with someone in pain? Trust me, it is very difficult and it causes problems for the whole family.

The Social welfare started a war against this family. I suppose they had never dealt with a normal family before. They forced them to move 5 times in 2 years. Can you imagine how difficult it was to find somewhere to live with a big family like that, trying to keep them all together, something they didn't care a bit about. Sweden was in a big financial depression and so were the family.

My associate couldn't find a job and after all those years as a farmer's wife and a mother of 7, taking care of her own children, she had nothing to offer anyway. In the summer of 1994, she got sick too. I suppose all the worries finally got to her and she was diagnosed with Fibromyalgia. More pain in the family and she also ended up in a wheelchair for a short time before she started to fight back. I suppose she was fighting back for all of them and she managed to find a house just outside town that was for rent. That saved them from going nuts. To be back on the countryside and with a garden outside! Even my Denis had a short time of feeling a little better. Enough to get a job at the local football club as a handyman. For 2 years his pain was at a level that gave him the chance to work with something he loved. Football! They were all very happy for him but it didn't last and he got worse very quickly in early 1997. The same fight to get him to experts started all over and finally in early August they succeeded with a lot of help from their own local doctor.

What do you think they found when finally giving him a full X-ray? A tumor as big as an egg growing on his spine! It only took them 9 years to find it! It was a miracle it didn't kill him every time it started to grow during all those years. Well, they got into a panic and he was finally sent to the biggest hospital in Gothenburg to have the tumor removed. The operation took 11 hours and he survived but with much permanent nerve damage. I won't go into details, since that is very personal for him, you can guess.

He was only 48 years old when this happened. Anyway the big damage was to have no balance, he can't stand without holding on to something. His right foot is partly paralyzed and he needs support inside his shoe to be able to walk straight but he still looks like Charlie Chaplin while trying to walk. At first he couldn't walk at all but he is a fighter, stubborn enough to move mountains. The doctors at the big hospital in Gothenburg helped him to file complaints through the hospital insurance for malpractice. Well, what can I say? If the family had lived in the USA, they would have ended up multi millionaires for what those doctors did to Denis, but they live in Sweden so they ended up almost 2 millions in debt for life.

You see, they do not pay back the real financial loss, only a small amount of money for the suffering and pain. Denis didn't get as much as one I'm sorry� from the 3 experts that caused all this, since they never bothered to look any further. The family did succeed in giving the doctors a warning but that was all. They are very lucky to still have him with them and he is even more lucky to see his grandchildren growing up. To be a Grandpa is big thing for him and he enjoys every minute together with them.

Michael Russell
Your Independent guide to Malpractice

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February 1, 2006

Clinical Negligence Solicitor

Clinical Negligence Solicitor For A Botched Surgery
By Mumtaz Shah

Note: This article discusses medical practice in the UK.

Statistics do seem to indicate there is an upward trend is wrongful cosmetic surgery treatments; so, would you have a claim for clinical negligence following a bad cosmetic surgery experience?

It is hard to imagine that there can be a worse feeling - you go into have cosmetic surgery treatment to improve your features and hopefully boost your self-esteem and when you finish, you find that something has gone horribly wrong and you have been disfigured for life!

Establishing A Claim

In order for a clinical negligence solicitor to establish that you have a medical negligence claim, the solicitor needs to show that a duty of care situation existed between you and the surgeon and that the surgeon was negligent in this.

Fortunately or unfortunately, however you wish to look at this, prior to 1 April 2002 there was no method of ensuring that the private cosmetic surgeon who treated you had any specialist cosmetic surgery training. Indeed, even if they are still practicing today, if they started practising cosmetic surgery prior 1 April 2002, there would still be no requirement that they had received specialist cosmetic training.

For this reason, having established that a duty of care relationship existed, it should be much easier for your solicitor to show that the surgeon acted negligently than would otherwise be the case in a more mainstream medical negligence claim.

Alternative means of establishing a claim for clinical negligence compensation include:

Informed Consent

Nearly all cases involving cosmetic surgery negligence claims centre on the issue of whether or not you had the appropriate informed consent prior to the procedure. Basically, 'informed consent' means that the surgeon or doctor treating you is required to inform you of:

  • the potential benefits of the cosmetic treatment you are about to have, something most cosmetic surgeons are very happy to talk about;
  • the potential risks that are associated with the cosmetic surgery procedure you are going to undertake, something most cosmetic surgeons talk about reluctantly; and
  • what the alternatives are to the treatment you are about to receive, something cosmetic surgeons sometimes fail to inform their patients!

Without your informed consent to the cosmetic surgery, it is possible for your clinical negligence solicitor to establish that a clinical negligence claim exists and to ask for clinical negligence compensation.

Injury Compensation

Besides lack of informed consent, a clinical negligent solicitor can also establish a case for clinical negligence in the event that you suffer any disfigurement or scaring following the procedure, or if the treatment results in you have some other form of disfigurement - such as damaged nerve-ends, damaged internal organs, abrasion, etc.

Dental Surgery

In addition to the more common claim of negligent treatment in cosmetic surgery, if you have recently received any cosmetic dental treatment that did not produce the results you were lead to believe would be the case by the advertising you read, or if the cosmetic dental surgery procedure was painful, or left you in any way disfigured, you may well have the right to claim for dental negligence compensation - so make sure you check this out with your solicitor.

What Should You Do If You Think You Have A Claim?

If you believe you have a clinical negligence claim following cosmetic surgery, you should see a specialist in clinical negligence as soon as you can.

Keep in mind that only a very small fraction of medical negligence claims involving cosmetic surgery procedures are allowed to apply for public funding (such as Legal Aid) to help pay the costs of a claim.

As such, if you cannot afford a specialist clinical negligence solicitor, then you should try and see a compensation solicitor on a no win no fee claim basis as court cases involving clinical negligence centred around cosmetic surgery practices can be time consuming and costly.

It's easy to proceed with a clinical negligence claim and gain maximum results without the hassle, costs and confusion. Discover the 12 revolutions of clinical claims at http://www.100percent-compensation.co.uk/articles/clinical-negligence.html.

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MEDICAL MALPRACTICE INFORMATION